STATE OF ARIZONA v. LEONARD TURNER
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IN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. LEONARD TURNER, Appellant. No. 2 CA-CR 2015-0126 Filed October 13, 2015 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. NOT FOR PUBLICATION See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Crim. P. 31.24. Appeal from the Superior Court in Pima County No. CR20134881001 The Honorable Carmine Cornelio, Judge AFFIRMED COUNSEL The Hopkins Law Office, P.C., Tucson By Cedric Martin Hopkins Counsel for Appellant STATE v. TURNER Decision of the Court MEMORANDUM DECISION Judge Howard authored the decision of the Court, in which Presiding Judge Vásquez and Judge Brammer1 concurred. H O W A R D, Judge: ¶1 After a jury trial, Leonard Turner was convicted of criminal damage and four counts of aggravated driving under the influence of an intoxicant (DUI), specifically: DUI with a suspended or revoked license and driving with an alcohol concentration (BAC) at or above .08 with a suspended or revoked license, DUI having two or more DUI violations in the preceding eighty-four months, and driving with a BAC of .08 or greater having two or more DUI violations in the previous eighty-four months. The trial court sentenced him to concurrent prison terms, the longest of which were ten years. ¶2 Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), asserting he has reviewed the record but found no arguable issue to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 2 P.3d at 97, he has provided “a detailed factual and procedural history of the case with citations to the record” and asks this court to search the record for error. Turner has not filed a supplemental brief. ¶3 Viewing the evidence in the light most favorable to sustaining the verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), sufficient evidence supports the jury’s verdicts here. In July 2013, a law enforcement officer responding to 1The Hon. J. William Brammer, Jr., a retired judge of this court, is called back to active duty to serve on this case pursuant to orders of this court and our supreme court. 2 STATE v. TURNER Decision of the Court a 9-1-1 call found Turner trapped in the driver’s seat of a crashed vehicle; the vehicle had struck a traffic camera, causing approximately $4,000 in damage. Turner had an odor of intoxicants and showed signs of intoxication, and analysis of his blood drawn less than two hours after the accident showed his BAC to be .263. Turner’s driver’s license was suspended and revoked at the time of the incident, and he previously had been convicted of DUI offenses committed in 2010 and 2013. See A.R.S. §§ 13-1602(A)(1); 281381(A)(1), (2); 28-1383(A)(1), (2). The evidence also supports the trial court’s decision to sentence Turner as a category-two repetitive offender. A.R.S. §§ 13-105(22)(a)(iv); 13-703(C). The prison terms imposed for his convictions are within the statutory limit and were imposed properly. See A.R.S. §§ 13-703(J); 13-1602(B)(3); 281383(L)(1). ¶4 Pursuant to our obligation under Anders, we have searched the record for fundamental error and found none. See State v. Fuller, 143 Ariz. 571, 575, 694 P.2d 1185, 1189 (1985) (Anders requires court to search record for fundamental error). Accordingly, we affirm Turner’s convictions and sentences. 3
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